If you have been injured in New Hampshire you need to know about their unique personal injury laws. The basic concepts are the same in every state, but the details can radically change your case. In New Hampshire, punitive damages are not available. Like all states, New Hampshire has time limits for filing, some which are unusual, such as the shorter amount of time for certain types of lawsuits against ski areas.
If you were injured in New Hampshire you may be entitled to compensation including:
- Past and future medical bills
- Lost wages
- Lost earning capacity
- Permanent disability
- Permanent disfigurement
- Emotional distress
- Pain and suffering
- Property damage
- Other expenses that were a direct result of your injury
There is no cap on non-economic damages, such as pain and suffering. Punitive damages, which punish the defendant rather than compensating you for your loss, are not allowed in New Hampshire.
Comparative negligence allows you to claim compensation even if you were partially responsible for you accident or injuries. New Hampshire follows the doctrine of modified comparative negligence which means you can be eligible for compensation as long as less than half of the blame falls on you.
Joint and several liability
When multiple parties have caused your injuries, New Hampshire uses a combination of joint and several liability to determine who must pay. Parties who are less than 50% responsible will be held liable for their share, and only their share. A party who is more than 50% to blame for you injuries can be held liable for the entire amount. You can collect from that party is the other party or parties fail to pay, and then the party who paid you can seek reimbursement from the other parties.
Statute of limitations
There are time limits for filing any lawsuit, called the statute of limitations. In New Hampshire, the statute of limitations is three years for most types of personal injury. If you are suing a ski area, you may only have two years to file. In product liability cases, the time limit may be up to six years if there was a legal duty imposed on the manufacturer.
Failing to meet the deadline for filing means giving up your right to sue. Determining which rules apply in your case can be a complicated process in itself. If you believe you may have a case, you should talk to an experienced personal injury attorney right away and make sure you do not miss your deadline.
If you or a loved one has been injured of killed in New Hampshire, please contact one of our New Hampshire personal injury lawyers for a free claim evaluation.